Is Obama's Budget Proposal Constitutional?

Much of what is in Obama's Budget proposal is not constitutional. But this question looks at his proposal from a different point of view. A student in my Thursday night Constitution Class emailed the following question to me:


I have a question for Doug: If all spending legislation must originate in the House of Representatives, why does the White House give a budget to Congress? I heard something about a 1921 law, but whatever this law may require, I'm thinking it must be unconstitutional.

Thanks much,

And here is my answer:

XXXXXX (and class),

 All bills for raising revenue (which would include spending legislation because to spend one must raise revenue for it) do originate in the House, or at least is supposed to. However, the President can propose, wheel and deal all he wants, and he ought to be involved in the conversation of budgets. But his budget proposal is only supposed to be his recommendation. The bill itself is still supposed to originate in the House. It is important for the executive branch to be involved. Remember, the Vice President is the President of the Senate, and in the early days of this nation the Vice President was very involved, actively participating in the debates of the Senate, and proposing his own legislative ideas. However, his words were only opinions. Except in the cases of ties, the Vice President has no voting power in the Senate. The President, also, may make recommendations, proposals, and give comments. However, his proposals have no legal force, and the House, in the creation of legislation, can use parts of the President's proposals, all of it, or none of it. Ultimately, it is up to the House of Representatives to fashion the bill.

Blessings,

Douglas V. Gibbs 
www.politicalpistachio.com 
www.douglasvgibbs.com